The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-23
THE PUBLIC DOMAIN.
AN IMPORTANT OPINION By THE AT
ToRNEY GENERAL.
Questions Of sepretary Lamar Answered
Fully-An Grants Must Be Adjusted
at once--standard Oil cases-wash-
ington News.

ington News.
WASHINGTON, Nov. 22.-The following
important opinion was made public today:
DEPARTMENT OF JUSTICE,
WAsnIsaToR, u. C., Nov IL, 1887
To the Secretary of the Interior
sir.By your letter Of october ls lss7, you sub
nit three questions for my opinion. They arise
upon the construction OF sections . 4 ana o. OF the
sG o. .pe 20 81 March ISL we T arS SSS%q 10y i
adjustment OF land grants made by Congress 10 aid
IN lhe construction OF railroads nnd iOr the iofieit
nr ~, o. unearned lands, aud Tor other purposes.
" U. STAT qxs, $3.50 The inst section oil the act
directs The adjustment of the grants.
ne second section provides Tor ihc rcstniaion OF
utle 10 the United States where lands nave been
enormously certified or patented To the railroads
The third section H. THAT II In the adjustment OF
snid grants, II shall appear that the homestead or
prcemplion OF any bona iide settler has been erro-
htoury Cancelled on account Ot any railroad grant,
or tue withdrawal Of public lands from market
each settler, upon application shall be relnstted
IN ms rights ana allowed TO- perfect MS entry by
complying with the public land laws, provided,
that he has not located another claim, or made an
entry IN lieu OF the one enormously cancelled;
aud, provided, also, that he did not voluntarily
abandon said original entry aud provided, iurther,
that II any of said settlers do not renew their arpi
cation to he rulnstatcd within reasonable time, TO
be ixed by the Secretary Of the Interior, then al
such unclaimed lands shall DO disposed OF under
the public land laws with priority OF right given
Ia bonn Tide purchasers Of said unclaimed land, II
any, and II there be no such purchaser, then 10
bona hde scttlors residing thereon"
The question submitted under this section H.
what class OF purchaser j. referred IA by the ex.
preston bona iide purchasers OF said unclaimed
landR'
Three classes OF persons are provided for under
this section.
/. Iona iide settlers whose homestead or pre- emp
ton entries have been crroncOusly cancelled on
account OF railroad grant or withdrawal.
Bona hdc purchaser Of such unclaimed lands.
=; ona Tide settlers re.idlng thereon. The
rights of the several glasses 20 he lands referred TO
IN the section are successive IN the order stated In
the s'ction. The first IN right Is the homestead
or presumption settler Whose entry has been
Npngiully cancelled. II he elects ~ aeort his
right. and has not hcgn disqualified by locating
another claim or making another entry Ia lieu
OF the entry enormously cancelled his right IL nb
soluio, aud the successive rights OF the remaining
two classes cannot attach II he lawfully asserts his
claim. II he fail 10 claim the land. or Is disquali
fled under the act. the second class OF persons who
arr the bona tde purchasers Of the land unclaimed
by him, attach and have precedence over the third
class The bona tide purchasers here referred To-
arr those who, without knowledge OF wrong or
error have purchased from the railroad company
lnnds which had been previously entered by pre-
cmptiun or homestead settler who's entry had
been cfrpncously cancelled. and which land the
pre- Cmpitou or humt stead settler did not elect To
claim alter The recovery by the proceedings prc'
scflbCd by the second scCiiOn uishe act.
The Second question submitted by you a. "Can
the department, after adjustment of the grant by
the department i.sue patent 10 the purchaser o.
such land before the said hand has been rcconycycd
BY the road or title recovered by judicial proceed
ings"
The second question dcclnp-s that the mode 10
lullly determine whether the lands shall have
been yrrnncOu,ly ccriihcd OF patented shall DC 10Y
the admission ~ the company aud rycunycyancc,
o. 10 casc Of di.Vntc. by Judicial proceeding
tutil the lands shall have boon legally determined
10 hciOug ~ the United SUITES. the right "a hsue
patents undur the fourth section does not arise.
u patents should iaic under the fourth section be
iurc r'coutcynnoc or judicial recovery under the
sccond, and proceedings should then bo Instituted
a. cancel the Patent Issued Ia the nlilrund Ia case
oi decision adverse 90 the government In the pro-
cecdlng Instituted. two patents would Do outsinnd.
Ing ni the ainc time for the same land. But the cS-
PRES word Oi the sctiou With reference to the time
when the paiont shah issue are The pCnnn or
ncrons ~ purchasing In good ATTN ,hnll be ehii'
tci Ia the land - purchased after the giants rc-
spectlycly shall have iccn adjusted"
The thirl question i NJ follows The nth
section 81 said act provides that who're rlilruad
cumIany has suld lands not conveyed a. or for the
usc ~ such company, and whcrc such lands arr lar
ANY reason excepted from tho operations Of the
grant ~ said COMPANY, u shall b. lawful ior the
bona ndc purchaser thruof irom said company "
make payment 10 thet nltci States tot said land.
and thcrcupon patents shall issue therefor a. the
aid bona hdc purhassr or his heir or assigns"
Tho question submitted under this sccton u
whether tho prpyisD last shove quoted Il confined
m IT, application "a lhfsis within the primary
granted limits, or whether II applies to lands With
mnde selection, but which has not been approved
tn A.
The hrt ,e-iion oi the ac, In the use Of the worl
grant" must have nisrsarily Included both the
primary and indemnity limits In the adjustment.
~ Il was doubtless intended that the adjustment
should - .ail aud iHal oag Tho Lands Which,
under the adjustment. werc found not la h. the
property ~ tho milr,ad. wcrr intended to b. frcc
from the cloud If claim hy the railroad. and ~
stored to the public domain for deposition accord
inF 10 law. The intent IT the sci shown that u
carry out ~ purposes the word "psnt" whenever
ussd Ia the second. third and fourth -ccilons must
include the lands IN bath primary aud indemnity
limits ~ each dip'cily or Ly neccsary implicn
ilou, ricS 10 the adjustment provided for In tho
The protection affbricd and rsircs. granie,l tho
SETTLER by each Oi the sections 4 fully n Important
in the Indemnity 20 Ia the primary limits. 10 or
der that the nsuhe,iy may H. adequate a. rcdrcsI
the vunr the word "rmnt IN the nth section
must tc construed Ia include, ~ u does In the pr
c'ding -syilons Of the net, both primary aud In
An. GArrASp. Attorney Gcucml
Upon receipt OF the opinion, Secretary
Lamar directed the commissioner Of IN,
general land office Ia proceed nj once, and
with ~ much dispatch n possible, % al
Just MI land grants under the act Of Marcel
q 1887. llis instructions a. the commits
siuncr are minute ~ Ia details. and are IL
accordance with the views oi the Attorne,
General a. expressed la the foregoing.
PAYMENT oi MICRO HitHttfs.
Second Comptroller Butler las decide,
that the sums not exceeding SiO paid {,
| certain COLONEL recruits IN Virginia anf
the department ui the south by Gems
/ Halter aud Oillmurc. under orders Oi thl
war department dated November - 1868
aud December -. 1863. respectively. Wcr
not bpuniics within the meaning ol "a,
bounty laws, aud ar not 10 be- dcInctc,
| from tie bounty to which auy such vol
| dicr i otherwise entitled. lie holds tia
/ the payments wcw made In tie nature -
! miullics or premiums oi certain amount
| Ia a special class Of recruits, aud wcp no
/ bouniics M technically understood. III,
orders II the war department referred 1,
gave IN. commanding pncmls AUTHORITY
/ Ia pay n bounty not exceeding $40 per mai
ior colocd recruits.
rinsr TonYAL CoNrrRENrF.
Tho tint formal conference between IN
/ English commissioners and the American
ncrutiatoN Ia the fisheries question WI
held today in the diplomatic reception
room at the department Of state. III,
session opened promptly ut . O'Clock, nj
oi the urgptlaiors boing present. with IN,
two secretaries, Mcs.ns Moore and Hcrgne
aud was extended until late In the after
noon.
srANpanl OF c,Is.
Howard Page, Who Is connected will
the management of the standard oil com
panv. oi Kentucky. was examined in con
ne,iion with the Standard Oil cases. bcior
the interstate commcrc commission thi,
inrnoon. lie was comphinnnts witness
lie stated that no drawbacks or rebates q
any Kind wer allowed the standard Oi
company by the nilmads south OF Ia,
Ohio. aud that the rates paid an the pub
lshcd rates girn 10 everybody. tn,
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